What I believe Yeedogga is trying to point out is that we live in a democracy. We don't over punish crimes (like sending someone to a distant colony to live the remander of there sentance as a slave for stealing a loaf of bread).
The whole concept on Section 10 makes it easier for police where they can push the matter further and quicker because they know the person can use Section 10. It also would give majority of the people shock of going through the justice system so that they aren't repeat offenders with no hope. And as it's been said in earlier posts, Section 10 can ONLY be used if the courts allow it. You can't use it if you run someone over obviously, it's only for smaller charges. You need to ask the judge you wish to use it and the judge has to allow it, if it isn't allowed then everything goes on as it would normally. Therefore there is no 'loophole' per say, it may not be perfect but its a part of a democracy.
Just a counter-point for you to think about. It's a privilage, not a right.